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State v. Bailey

Superior Court of Delaware

October 3, 2017

STATE OF DELAWARE,
v.
JAMIL S. BAILEY, Defendant.

          Submitted Date: August 25, 2017

          ORDER

          Jan R. Jurden, President Judge

         Upon consideration of Defendant's Motion for Modification of Sentence;[1]Superior Court Criminal Rule 35(b);[2] the facts, arguments, and legal authorities set forth in Defendant's Motion; statutory and decisional law; and the record in this case, IT APPEARS THAT:

1. On June 8, 2017, the Court sentenced Bailey on a Violation of Probation to 5 years at supervision Level V, with credit for 9 days previously served, suspended for 7 months at supervision Level IV, hold at supervision Level V until space is available at supervision Level IV, no probation to follow.[3]
The conviction for which he was on probation was Possession with Intent to Deliver.[4]
2. Bailey now asks that the Court reduce his Level IV time so he can start a new job.[5]
3. A motion for modification of partial confinement or probation is not subject to the ninety-day limitation applicable to a motion for reduction of imprisonment.[6] Pursuant to 11 Del. C. § 4333, any probation or suspension of sentence may be terminated by the court at any time.[7]
4. Relief under Rule 35(b) is a discretionary function of this Court. Although the Rule does not set forth specific criteria which must be met before the Court may grant a Rule 35(b) motion, common sense dictates that the Court may modify a sentence if present circumstances indicate that the previously imposed sentence is no longer appropriate.[8]
5. The instant Motion is Bailey's fourth request for sentence modification.[9]Pursuant to Criminal Rule 35(b), the Court will not consider repetitive requests for reduction or modification of sentence.[10] Unlike the 90-day jurisdictional limit with its "extraordinary circumstances" exception, the bar to repetitive motions has no exception. Instead, this bar absolutely "prohibits repetitive requests for reduction of sentence."[11]
6. Bailey was sentenced to 5 years at supervision Level V, suspended for 7 months at supervision Level IV because he violated his probation within one week of being sentenced on a prior Violation of Probation.[12]
7. The sentence at issue is appropriate for all the reasons stated at the time of sentencing. No additional information has been provided to the Court that would warrant a reduction or modification of this sentence.

         NOW, THEREFORE, IT IS HEREBY ORDERED that Defendants Motion for Sentence Modification is DENIED.

         IT ...


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